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Under EPCRA Section 312, all facilities that must prepare or have available safety data sheets (SDSs) under OSHA’s Hazard Communication Standard must submit a Tier I or Tier II inventory form. This submission is due annually on March 1.
Under Section 312, there are two categories of regulated substances. First, there are Extremely Hazardous Substances (EHSs) listed in Part 355, Appendix A and B. Second, there are hazardous chemicals - any chemical regulated by OSHA under Hazard Communication, ranging from 55,000 to 60,000 chemicals.
Scope
Each state manages Tier II reporting differently. Tier II reporting is required per EPCRA Section 312 for all facilities that must prepare or have available safety data sheets (SDSs) under OSHA’s Hazard Communication Standard. Facilities must submit a Tier II inventory form to the appropriate state implementing agency, although some states have developed their own forms. Some states require paper submissions, but the majority will provide a Tier II reporting website. Many states charge a fee per submission.
Regulatory citation
40 CFR 355 and 370
Key definitions
- Extremely hazardous substance (EHS) means a substance listed in Appendices A and B of 40 CFR part 355.
- Facility means all buildings, equipment, structures, and other stationary items that are located on a single site or on contiguous or adjacent sites and that are owned or operated by the same person (or by any person that controls, is controlled by, or under common control with, such person). Facility includes manmade structures, as well as all-natural structures in which chemicals are purposefully placed or removed through human means such that it functions as a containment structure for human use.
- Hazard category is divided into two categories:
- Health hazard means a chemical which poses one of the following hazardous effects: Carcinogenicity; acute toxicity (any route of exposure); aspiration hazard; reproductive toxicity; germ cell mutagenicity; skin corrosion or irritation; respiratory or skin sensitization; serious eye damage or eye irritation; specific target organ toxicity (single or repeated exposure); simple asphyxiant; and hazard not otherwise classified (HNOC).
- Physical hazard means a chemical which poses one of the following hazardous effects: Flammable (gases, aerosols, liquids or solids); gas under pressure; explosive; self-heating; pyrophoric (liquid or solid); pyrophoric gas; oxidizer (liquid, solid or gas); organic peroxide; self-reactive; in contact with water emits flammable gas; combustible dust; corrosive to metal; and hazard not otherwise classified (HNOC).
- Hazardous chemical means any hazardous chemical as defined under 29
CFR 1910.1200(c), except for the following:
- Any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug Administration.
- Any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use.
- Any substance to the extent it is used:
- For personal, family, or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public. Present in the same form and concentration as a product packaged for distribution and use by the general public means a substance packaged in a similar manner and present in the same concentration as the substance when packaged for use by the general public, whether or not it is intended for distribution to the general public or used for the same purpose as when it is packaged for use by the general public;
- In a research laboratory or a hospital or other medical facility under the direct supervision of a technically qualified individual; or
- In routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer.
- Inventory form means the uniform Tier I and Tier II emergency and hazardous chemical inventory forms published by EPA. These forms can be used for reporting inventory information, as described in 40CFR 370.40 through 370.45.
- LEPC means the Local Emergency Planning Committee appointed by the State Emergency Response Commission.
- Mixture means mixture as defined under the Occupational Safety and Health Administration’s Hazard Communication Standard in 29 CFR 1910.1200(c).
- Safety Data Sheet (SDS) means the sheet required to be developed under 29CFR 1910.1200(g).
- SERC means the State Emergency Response Commission for the State in which the facility is located except when the facility is located in Indian Country, in which case, SERC means the Emergency Response Commission for the Tribe under whose jurisdiction the facility is located.
- Threshold planning quantity (TPQ) means, for a substance listed in Appendices A and B of 40 CFR part 355, the quantity listed in the column “threshold planning quantity” for that substance.
Summary of requirements
- Determine the maximum and average daily storage of regulated chemicals at your facility.
- Register with your state’s reporting system (or EPA’s Tier2 Submit software system).
The California State Emergency Response Commission (SERC) established Six Emergency Planning Districts having the same boundaries as the six Mutual Aid Regions. The SERC appointed a Local Emergency Planning Committee (LEPC) for each planning district and supervises and coordinates their activities.
Within their region, the LEPCs carry out community right-to-know requirements of the Emergency Planning and Community Right-to-Know Act (EPCRA).
Emergency and hazardous chemical inventory forms and Safety Data Sheets (SDS) are submitted to the Certified Unified Program Agencies (CUPAs) instead of the SERC/LEPCs.
The federal equivalent to the Business Plan program is the EPCRA 311/312 reporting requirements. Owners and operators are required to prepare and have available Safety Data Sheets (SDS) under the Federal OSHA Hazard Communication Standard and must submit an inventory of their hazardous chemicals to the SERC, LEPC, and the local fire department annually on March 1st. This requirement is achieved through compliance with the Business Plan program.
Contact your local CUPA for compliance and questions.